Loading...
20 CLOVERDALE AVENUE - ZBA 20 Cloverdale Ave. R-1 Darlene Romano �an4b T Tity of ttlem, ttssttcljusetts f Paurb of Appeal � 9 March 24, 1993 NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF DARLENE ROMANO FOR A VARIANCE TO ALLOW HOME OPERATED ELECTROLYSIS BUSINESS AT 20 CLOVERDALE AVE. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Variance/Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of title. Board of Appeal F (fitti of ��ttssttcljusetrg Battra of �u{Jett! 4?y DECISION ON THE PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. (R-1) A hearing on this petition was held March 10, 1993 with the following Board Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to operate a home electrolysis business in this R-1 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. The business will be operated in the basement of the dwelling. 2. There is off street parking. 3. There will be only one other regular employee. 4. The business will operate during the early evening hours and Saturdays. PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: I Petitioner shall comply with ail City and State statutes, ordinances, codes and regulations. Petitioner shall obtain a Certificate of Inspection from the Salem Building Inspector and a Building Permit if needed. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 5 . Petitioner shall obtain approval from the City of Salem Health Dept. 5. There shall be no more than two employees. 6. The hours of operations shall be 9:00 a.m. - 9:00 p.m. weekdays and Saturdays, 9:00 a.m. to 3:00 p.m. 7. This Special Permit shall lapse three years from the date of filing of this decision. Petitioner may re-appiv to Board of Appeal at that time. SPECIAL PERMIT GRANTED March 10, 1993 zc:�v Stephen C. Touchette, Chairman Board of Appeal U) Q �c � U DECISION ON THE PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. , SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A. , and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal s S t!'1 :V R Z -� �s t�itn of -I&Ilem, 4fUSSUcljusetts peal ,(rf� DECISION ON THE PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. (R-1) A hearing on this petition was held March 10, 1993 with the following Board Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to operate a home electrolysis business in this R-1 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows : Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. 1n more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City' s inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. The business will be operated in the basement of the dwelling. 2. There is off street parking. 3. There will be only one other regular employee. 4. The business will operate during the early evening hours and Saturdays. PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CTOVERDALE AVE. , SALEM page two Cn the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City' s inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 3-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. Petitioner shall obtain a Certificate of Inspection from the Salem Building Inspector and a Building Permit if needed. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. b . Petitioner shall obtain approval from the City of Salem Health Dept. 5 . There shall be no more than two employees. 6. The hours of operations shall be 9:00 a.m. - 9:00 P.M. weekdays and Saturdays, 9:00 a.m. to 3:00 p.m. 7. 'his Special Permit shall lapse three years from the date of f:'_ing of this decision. Petitioner may re-apply to Board of Appeal at that time. SPECIAL PERMIT GRANTED March 10, 1993 Stephen C. Touchette, Chairman Board of Appeal o-a ea - w J ' DECISION ON THE PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. , SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A. , and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal ti z -� r Cgitn of -11�lttlPm, .fflttssttrljusetts -Boarb of 2q peal IIS44'I DECISION ON THE PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. (R-1) A hearing on this petition was held March 10, 1993 with the following Board Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to operate a home electrolysis business in this R-1 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 3-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The business will be operated in the basement of the dwelling. 2. There is off street parking. 3. There will be only one other regular employee. 4. The business will operate during the early evening hours and Saturdays. PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City' s inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner shall comply with ail City and State statutes, ordinances, codes and regulations. Petitioner shall obtain a Certificate of Inspection from the Salem Building Inspector and a Building Permit if needed. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain approval from the City of Salem Health Dept. 5. There shall be no more than two employees. 6. The hours of operations shall be 9:00 a.m. - 9:00 p.m. weekdays and Saturdays, 9 :00 a.m. to 3:00 p.m. 1. "his Special Permit shall '_apse three years from the date of filing of this decision. Petitioner may re-apply to Board of Appeal at that time. SPECIAL PERMIT GRANTED March 10, 1993 Stephen C. Touchette, V. Chairman Board of Appeal v� Z2. � U DECISION ON THE PETITION OF DARLENE ROMANO FOR A SPECIAL PERMIT AT 20 CLOVERDALE AVE. , SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A. , and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owners Certificate of Title. Board of Appeal 1 :v DATE OF HEARING `;/(D 1/T 3 PETITIONER �pp , �f�iJJ2Zp��.gi LOCATION 7(j p�iQe, C i,10TION: 7D GRANT SECOND 70 DENY SECOND 70 RE—HEAR SECOND _EAVE TO WITHDRAW SECOND 70 CONTINUE SECOND ROLL CALL PRESENT GRANT DENY W/ITHDRAW RE—HEAR CONTINUE RICHARD ENC,;L FRANCIS GREALISH e/ l/ EDAAAD LUZINSKI STEPHEN TOUCIIETTE ASSOCIATE ';EMBERS RONALD P'.ANTE 'RTHUR LABRECOUE CONDITIONS: A, C�r r_Q 3 APPEAL CASE NO. . . . . . . . . . . .. .. . . . . . . . . . e e �tt of '%Ient, (, assar4usetts �. �Sottrb of �}z}reul TO THE BOARD OF APPEALS: The Undersign rep re e t tgat he is ,are the owners of a certain parcel of land to ted at NO. ). . �OU.4! .wit O4 e,./.�fll 1lU.� . . �?k�e/Y1 . . . . . . . . . . . . . .Street; Zoning District.-/. • . . . • • • • . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. mo 7V r C>nm co -n; T- •ly n 3 mlm- trs g„® The Application for Permit was denied by the Inspector of Buildings for the following reasons: -DvA.- cy�p�wl The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: l �,oiJld bL ko_ -fo ope-rclk a-✓) eLcA . Lr/s pi%�m ✓Y�y h"-C, n cL ci a./1' am a Owner:. Y. r . . . e. �U%l tk_ LC . . . . . . . . . . . . . . . Address.�Q. .u4fU?I �L'� . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . Petitioner. A� kv"L.0 a-.0 . . . . . . . . . . . . . . . . . . . . . . Address���. . C'�ujCP�e- Date. h`°l�'. . . . . . . . . . . . . U�{ —Uy(p Telephone. I , , . . . . . . . . . . . . . . . . . . By. ?zl . :` v.:: .. . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.................................... PETITION 10 BOARD OF APPEALS LOCATION ................................................................ PE'l I I LONER........_........ ....................... ADDRESS............................................... ................................................ CONDI'I IONS ............................ .................................... ........................ ....................................... ................................................................ ................................................................. ................................................................. ................................................................. , PETITION APPROVED.................... ❑ DENIED......................... 0 .............................................. 19......... APPEAL CASE NO. . . . . . . . . . . .. . . . . . . . . . . . a 151 Elf *Irm, (, assar4use##s varb p{ � P2Il "F�um,c TO THE BOARD OF APPEALS: The Undggrsigngo represent th�}t he is are the owners of a certain parcel of land located at NO. �C�. . . QI�Z!�144) 2� . !t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . . . . . . . . • • . . • . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. � m c'> m M O, w v> CO r rn Z 3 ma The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: iL)OUIcI (e ke ope. L � o ICS 1 S lz &I ness fibm my haK ne, lt)k-1 c1 /S /vca cl In CL 0eq d&n-4J C&Uc� . Owner. !. . 9Y 110/1 . . . . . . . . . . Address. �6 . . UiJU2rC�G� ��. . . Telephone. { (P. . . . . . . . . . . . . . . . . . . Petitioner. .'!4 !1 . .6. !."P. . . . . . . . Address. . 9. . . �U1JP;Y{lw�� Date. .�J?-Jc?3. . . . . . . . . . . . .�gq_�lyr�S Telephone. . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.................................... PETITION TO BOARD OF APPEALS LOCATION ................................................................ PEI I"IIONER.......................................... ADDRESS............................................... ..................I............................. CONDI"I IONS .......................... ....................................... , ................................................................ ................................................................. ................................................................. ................................................................. .PETITION APPROVED.................... ❑ DENIED......................... 0 ...................................I.........1 19......... r r Professional Land Surveyors 8 Civil Engineers ESSEX SURVEY SERVICE 1958 • 1986 OSBORN PALMER 1911 1970 r g�3 BRADFORD & WEED 1885 • 1972 PLOT PIAN OF LAND LOCATED IN SALEM, MASS. a y Lof46 c � loo.s9 �` 30• LOTS j G!Co I unaa4IA - 15 4-ory 'J L Y O �/p bwc111 n91J.20 Q 11 cwr � IPw1.nq ( 35+ PaA 4" �D0. •C�O C � DVE2 DALE Ave. I hereby certify too-kesoiem awldiny Inrp-c+o, that the buildings are located on the ground as shown;dc-ii sq,y ATE: MAJZCJ2? , 1790 0 . '` •� FRFNCE: BK PG Christophe 'o` /!`1 1 40 LOWELL STREET —,- PEABODY, MASS. 01960 531-8121 �omar�� ao Clouerda.l� ���. Sulem y'Y�c�. 014'10 Sl dveinde eJ . moo/ 7l Boi►er II ��, (.���;;��I�' 1 S ?rr,,c� IIff rr�� 1 �:1C1V�C7 � Ubww 6WLM�j CLIoG/l'JVL7 l!l7 jp dw& Professional Land Surveyors 8 Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 F g3 BRADFORD 8 WEED 1885 - 1972 PLOT PIAN OF LAND LOCATED IN SALEM, MASS. Lo44& a ;D< Lo-rs 44.4-5 Q feuja41e 154ory 0 LO'l 5-9 - � bwclltn�Ne•2D Q _ . r V I 35' L Cc � /00.90 C L0VE2 Da LC AVC. I hereby certify to�l e soie�, tuldlny 1nrpec4or that the buildings are located on the ground as shownA;� ,t9xa GALE:/"=4o' ATE: 11-iAR6A2? , 1790 EFERENCE: BK PG Christopher-, ii" / 1317 40 LOWELL STREET PEABODY, MASS. 01960 531.8121 �omaru� ao clouerdale �` Sulam �`Y�c.` C51�'`I D Sia it R rete j � c�T �60r Bo � ger �U V�1el� Leve✓I Professional Land Surveyors 8 Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 F 8473 BRADFORD 8 WEED 1885 - 1972 PLOT PLAN OF LAND LOCATED IN saLEna, MASS. Am-�' c o Y� 9 \' s 44 ,45 /Iy t S9yu,zo 3 cr C L oVE2 DALE AVC. I hereby certify to �6e' oOeM %u)hiny 1nroec4or that the buildings are located on the ground as shown] s^' N, v' i "sCFy CALF:{"-4-0' � p ,i P U 2 EF'ERENCE• BK PGistop er. - 6' ^FS/ 1317 �. T .� r 40 LOWELL STREET < PEABODY, MASS. 01960 531-8121 ao Clouzrdc� le- ���-- Scilem Slid¢f N�nda a! � w�ndaaJ i� �uor Levee_ Q� �(:p \ 7 •f�lam/\ .'�. \'.r..,� (��\ �"� . :.� .\` ` `r C�.\ \ �'1 NCPLl� \ II _ { N 22 77 CP i \\ of m Ly \ N � co I • b Iate. Y BOARD OF ASSESSORS CITY HALL PAGE: ----- • 2 • DATE ....... 3 ,,CERTIFIER STI, 4 .................... ......... ....... 4 5 SUBJECT PROPERTY: MAP: 08 LOT: 0152 SUFF: 6 PROPERTY ADDRESS: 0020 CLOVERDALE AVENUE 7 ASSESSED OWNER ROMA NO JOSEPH J 9 ROMANS") DARLENE �09 -WUDRE, —014NER LAio IqA—P—CUT UFF PROPERTY SS SESSED Midi A 13 �4 0 12 08 0401 0044 GLENN AVENUE PHEASANT HILL REALTY TRUST 14 GLENN AVE 5 SWIKLUCH—RI-CHARf) E IR SA LEM—MA-01- n 16 13 OS 0121 0016 GLENN AVENUE PRAMAS ANGELO 16 GLENN AVENUE 17 14 6 1 1 1 1 . I JANICE A SALEM MA 01970 9�8* 15— •• OA n-I -I OUP-RDA) F"AV;rNl)jr RORZE�—PZ-T H --1-9—CL.QVE.R.DALE— 20 16 F, 17 CAROL ANN SALEM MA 01970 220 0 06 0111 0047 CLOVERDALE AVENUE KRITOPOULOS ALEXANDROS & GIANOULA 17 CLOVERDALE AVE 23 is Pf11 JI �, -plloppul o's r, SAIEM MA nj970 24 19 .......... 25 SH-GEORGIA, :j ...... 18 : CLOVERDALF- ,AvE L�� 20 ..... ............ ........— ...... 26 .... .. ...... ALEI+.MA,,01970 270 21 iell() 0'b;W,E . . . . RoMA Wvr,, 12 CLOVERDALE A-VEN,UE,% 22 SALEM MA 01970 29 23 30 0 08 01013 0009 GREENLAWN AVENUE MEIMETEAS ANGELO C 9 GREENLAWN AVE 310 24 ME1 vir-rlrAq rlr(-)Pr.F- C SAL-M MA 01970 32 25 .08 0014� ,"AVEN.UE BRETT 'FAMILYv REALTY TRUS •T HOLTEN ST • 33 26 'DAN ERS• M 923 34 T A BRET CHARLES TR 350 27dxl�� na 0113 �bo!,t : 6RLLNLAwN AVENUE BRE16T FAMILY REALTY, TRUST 139 HOLTEN ST 36 25 BRETT CHARLES TR DANVERS MA 01923 37 380 029 08 0153 0015 GREENLAWN AVENUE BRETT FAMILY REALTY TRUST 139 HOLTEN ST 39 30 BRE=Q8ARLES TR DANVERS MA 01923 40 31 41 32 420 0 43 33 44 34 45 35 46 0 470 36 48 17 49 : 0385010 51 39 52 40 53 0 41 54 550 42 56 43�:e:,':��... ... . .......... 97 44,E .;590 ........ ................ 60 46 61 62 0 47 :310 48 4 4965 50 66 6710 51 ---------- 68 52 64 70 0 53 710 54 72 73 74 56 0 CHIEF ASSESSOR 750 7 APPEAL CASE NO. . . . . . . . . .. . . .. .. . . . . . .. (Ilitu of 1&ttlPm, cffinsa*UJIS TO THE BOARD OF APPEALS: �t NO.� ?„ gp reorese t + at he is .are the owners of a certain parcel of land to tet e naersign p yb c ( i 'U•�!��0.�t. `t�l U.�. . . ;�O. . . . . . . . . . . . . . .Street; Zoning Oistrict.(r'f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ana said parcel is affected by Section(s ). . . . . . . . . . . . . .. . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. m O N C,a 100 r Y O 2 Co ^3 s m s to afl The application for Permit was denied by the Inspector of Buildings for the following reasons: _x-04 cypeV I The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: �;T� � �-�,�5c '1"(/�J•l`�; �'1'7� �)OY�P� l,lJ�.l (_ �_ i� �(�,'? ,�_'i-1 (-V LK Owner((. . 1.(Yk_C'0 .. . . . . . . . . . . . . . A d d r e s s4. . =��UI G{�I'� . . . . . . . . . . . . . . 'l� f ��(c�.G? Telephone. . . . . . . . . . . . . . . . . . . . . I . . .. . Petitioner . . . . . I II Address nY. . r ; �� Date.�l�1�13. . . . . . . . . . . . . �C��. —U. :�� . . . . . . . . . . . . .. Telephone. . . y . . . .. .. . . . . . . . . . . . By. ?. .. .. . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . ..... . . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. Professional Land Surveyors 8 Civil Engineers ESSEX SURVEY SERVICE 1958- 198E C 8473 OSBORN PALMER 1911 - 197C BRADFORD 8 WEED 1885 - 1972 PLOT PIAN OF LAND LOCATED IN SALEM, MASS. a ti L0f46 c 0 100.59 J � sc,. Lc rs 44.85 ' ieundol�w. I $lory ow�u;�yu„2o � Lof S9 J �Gcut r�� V 35 ��_ Gar -11 r--n g 00•go C LoVE2 DALE AVE. I hereby certify to--kc4'eIp_M 3ullchhy Inrpec+or that the buildings are located on the ground as shownk, . : cr � CALE:/"=40' 4TE: /-iAzca2? .y EREVCE: BK PGistop er-;�t. 40 LOWELL STREET PEABODY. MASS. 01960 531-8121 �or�an� ao clou�rdale. �v� Sulam y�c.� C�loi'� U sl def ' Skr rtQ rcAra o� Door '80 er Lo v�3er Leve, P CP cp 120-5 i \\` uvx 1 114 r . Tit" of �ttivm, ussuchusats Board of Aupeu! -- „4, 1 W DECISION ON THE PETITION OF (PETITIONER) , 4*R4&, TQNDFj1AiJbT (OWN FOR A SPECIAL PERMIT AT aC/o o GovF/t.dglE f r/C--�.e-/,, A hearing on this petition was held ;antra"'•" 1444 with the following Board Members present: Richard Bencal, Chairman; Francis Grealish Jr. , Edward Luzinski, Stephen Touchette and Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. opeAmis 0, �17IM� Petitioner is requesting a Special Permit in order to n �- QoIySrS Property is located in bu-ojos a single family district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such changg, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: -TtiF— 6uvuFsr will be oppeafr� /na dpi suE,df tin �.we1/��i 1. Theseri-ps-R�eded-un�}er—fie-depar-tme��°tronas. 0 TSE lS5 � 9 2• iRyI e-& fe, &f-the-aaea� `7-h6R.f_W)// �e 0A//V oAjr-- a rt- R�u/q/L @Mp/oyee, 3. :he-r-e- i44-Ne-noe - xns-ion-of=the-.h nes:ssorcharnge-"-waze. 7/E 6tovAle ! GwW/ o/oee4A c/uz/wr /gyp eveowd,Aoue j Aud SA4&P-�a�ls. 1�1i/Ll/Pi!/e �CM+9�/O PETITION OF RINA.�ONDRTyAyd�-(�6sPyF�Rj SPECIAL PERMIT AT T. , SALEM page two c-�O ClaveoeolGc.le On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The Special Permit requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. 7r�i Therefore, the Zoning Board of Appeal voted �A " �V®0t Vt ' to Special Permit requested, subject to the following conditions: grant the x Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. Wiomep— shA// o6-+iv 'pe r �'pl�ms—amd—dry si oas ami-t-�eai- ✓Y All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. X' Petitioner shall obtain a legal building permit. 5. ��,a st es�sf' ea�c .s saL�ti¢n—smell^6ginihazmen,4vi e .exi=sting—gepage. TAP— &SIveSS M41 amp/oV / Ory -two e/V\/7/OVtfS, 6 . TA4 �ouet of ofx�vl/&� Sha//6e, Lvicefk:�Ys 9.o0 olm -4 V so SPECIAL PERMIT GRANTED lN4LCI S19 �j/tO�iq�f 9,'00 o►at A 3,#00,0&t, _anuary 27, 1993 '7 e 4�f slat// 4Apre *4 oe ter?) Rehard�B �Chairman Board of Appeal - ^7 4)